Retraction mitigates damages
Sec. 3. The plaintiff in a suit described in section 1 of this chapter
may recover only actual damages if:
(1) it appears at the trial of the action that:
(A) the article was published or transmitted in good faith;
and
(B) the falsity of the article was due to mistake or
misapprehension of the facts;
(2) a full and fair retraction of a factual statement alleged to be
false and defamatory was published in a regular issue of the
newspaper or transmitted to its members or subscribers by the
news service:
(A) within three (3) days by a news service;
(B) within five (5) days, if the newspaper is a daily
publication; or
(C) within ten (10) days, if the newspaper is a weekly
publication;
after the mistake or misapprehension was brought to the
knowledge of the publisher or bureau chief; and
(3) the retraction was published in as conspicuous a place and
type as the original item appeared in the newspaper or was
transmitted by a news service to all members or subscribers to
whom the original item was transmitted.
As added by P.L.1-1998, SEC.10.
Last modified: May 24, 2006